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with Section 106 ACHP
Case Digest Spring
2002 California: Development of the
Medicine Lake HighlandsCalifornia:
Development of the Medicine Lake Highlands

Agencies: Bureau
of Land Management and U.S.
Forest Service

In
this case, proposed geothermal projects could have a substantial impact
on historic sites and districts that Indian tribes use for physical
healing, prayer, spirit quests and other traditional purposes. It
illustrates the importance of identifying and considering the effects
of undertakings on traditional cultural properties early in project
planning, before commitments are made to allow development.

Northern Californias Medicine Lake Highlands is a traditional cultural
property (TCP) eligible for the National Register of Historic Places.
It features an interrelated series of locations and natural features that
local Indian groups consider integral to their spiritual beliefs and traditional
practices. In the 1980s, the Bureau of Land Management (BLM) made a decision
to lease the area for geothermal development, but did not go through the
Section 106 review process.

Medicine Lake Highlands, CA
(staff photo)

In 1996 and 1997, two energy companies submitted Plans of Operation to
BLM for the construction and operation of well fields, power plant facilities,
and transmission lines in the area.

The Pit River Tribe, the Native Coalition, and individual members from
other tribes objected to the proposed projects, citing the extent to which
proposed and future geothermal development would affect the locations
spiritual power as well as traditional practitioners access to important
sites. In addition, important archeological properties could be affected
by construction of a transmission line.

In May 2000, BLM and the U.S. Forest Service (FS) issued a Record of
Decision that denied approval for one of the proposed projects, the Telephone
Flat Geothermal Development, because the location of the wells and power
plants within the volcanic depression at this site would create significant
noise and visual impacts to recreation visitors, homeowners, and Native
Americans.

However, in April 2002, the Department of Interior entered into a settlement
agreement with the former leaseholder, CalEnergy, agreeing to reconsider
the Record of Decision. Section 106 consultation must be re-initiated
by BLM and FS because the proposed development was determined to adversely
affect the Medicine Lake Highlands TCPs. ACHP will participate in consultation
over the proposed development and has asked BLM to host a meeting of all
involved parties.

The second pending project in the area, the Fourmile Hill Geothermal
Development, was authorized, and the Advisory Council on Historic Preservation
executed a Memorandum of Agreement for the project. While the effects
of the Fourmile Hill project will be adverse, they are predicted to be
less severe than the Telephone Flat project, because it will be located
outside the boundary of the Medicine Lake Highlands TCP district.

Through the Fourmile Hill agreement, the agencies are working with the
Pit River and Klamath/Modoc Indian tribes and the Shasta Nation to develop
a Historic Properties Management Plan for the Medicine Lake Highlands.
Within five years, FS will assess the need to amend its land and resource
management plans to better protect the traditional cultural values of
the area. The agreement also provides for minimizing auditory and visual
effects of the project and carefully monitoring project effects on traditional
use of properties and the natural environment.

Under the terms of the agreement, the project sponsor will reimburse
the tribes and the Native Coalition for Medicine Lake Highlands Defense
for their work in implementing the agreement and will post a surety bond
sufficient to cover costs associated with site reclamation. In addition,
BLM and FSs Record of Decision required establishment of a citizen
oversight panel and a five-year moratorium on further development of the
geothermal leases in the Medicine Lake Highlands, pending further analysis
of impacts. However, in June 2001 the BLM lifted the moratorium in light
of the Presidents National Energy Policy.

The projects are only two of up to 10 anticipated developments for which
leases have been issued. Because of tribal concerns with cumulative effects,
the Fourmile Hill agreement strongly emphasizes the development of a long-term
program to protect TCPs and consideration of revising management direction
for this area. BLMs decision to lease this area for geothermal development
in the 1980s without going through Section 106 review limited its options
in considering the proposed Plans of Operation, such as selecting an alternative
site.